- 2 - Addition to Tax Year Deficiency Sec. 6651(a)(1) 1997 $102,731 $25,683 1998 $ 26,347 $6,587 After concessions by the parties,2 the issue remaining for decision is whether disability benefits received by petitioner in 1997 and 1998 from UNUM Life Insurance Co. of America (UNUM) are excludable from his gross income pursuant to section 105(c). For reasons set forth herein, we hold they are not. Background The parties submitted this case fully stipulated, without trial, pursuant to Rule 122. The facts stipulated by the parties are so found. The stipulation of facts and the exhibits attached thereto are incorporated herein by this reference. When the petition in this case was filed, petitioner resided in Carson City, Nevada. From 1991-94, petitioner was employed as the chief executive officer of Calera Recognition Systems (Calera).3 In August 1991, Calera contracted for a group long-term disability insurance policy through UNUM (the UNUM policy) for the benefit of its employees. Under the UNUM policy, UNUM agreed to 2 Respondent concedes that petitioner is not liable for the addition to tax under sec. 6651(a)(1). Petitioner concedes that he failed to report properly a $14,677 State tax refund for 1995 as income on his 1997 Federal tax return. 3 Calera ceased conducting business sometime in 2000.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011